St. Louis, Iron Mountain & Southern Railway v. Hendricks
Supreme Court of Arkansas
APPEAL from Lonoke Circuit Court. J. W. Martin, Judge. The injury was the result of unavoidable accident, and the company is not liable. 37 Ark., 562; 41 Ark., 157; 37 Ark., 593; 39 Ark., 413; 36 Ark., 607. Section 5478, Mansfield’s Digest, makes railroads liable for damages for failure of the engineer to comply therewith. Sh. & Redf. on Negligence, 485 a.
1Opinion of the CourtBattle, J.
raSwayaitorbw imSng — g s-Section 5478 of Mansfield’s Digest provides: bell of at least thirty pounds weight, or a steam whistle, shall be placed on each locomotive or engine, and shall be rung or whistled at the distance of at least eighty rods from the place where the said road shall cross any other road or street, and be kept ringing or whistling until it shall have crossed said road or street, under a penalty of two hundred dollars for every neglect, to be paid by the corporation owning the railroad, * * '* and the corporation shall also be liable for all damages which shall be sustained…
2Cases cited9 opinions
- State ex rel. Clinton County v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Stoneman v. Atlantic & Pacific R. R.Supreme Court of Missouri · 1875
- Western & Atlantic Railroad v. JonesSupreme Court of Georgia · 1880
- Halferty v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
- Howenstein v. Pacific R. R.Supreme Court of Missouri · 1874
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3Cited by5 opinions
- Prescott & Northwestern Railroad v. FranksSupreme Court of Arkansas · 1914
- Missouri, Kansas & Texas Railway Co. v. TaffCourt of Appeals of Texas · 1903
- St. Louis Southwestern Railway Co. v. VaughanSupreme Court of Arkansas · 1929
- Ford v. St. Louis, Iron Mountain & Southern RailwaySupreme Court of Arkansas · 1899
- Hines v. JohnsonSupreme Court of Arkansas · 1920